Generally, text message platform providers are not considered the “sender” or “maker” of a text message or call unless they are so involved in placing the call as to be deemed to have “made or initiated” it themselves. The Eastern District of Washington recently dismissed Springbig, Inc.—a text message platform provider—from a TCPA class action on grounds that the complaint failed to allege that Springbig “was the maker or initiator of the text message,” at issue. Frank v. Cannabis & Glass, LLC, 2019 U.S. Dist. LEXIS 17081, No. 2:19-cv-00250-SAB (E.D. Wa. Oct. 1, 2019).
According to the court’s ruling in the Frank case, Plaintiff visited a cannabis dispensary operated by Defendants Cannabis & Glass, LLC, NXNW Retail, LLC, and Tate Kapple (“Dispensary Defendants”), and provided her phone number to an employee of the dispensary during the visit.
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